Some legislators, along with the well-funded education-industrial lobby, keep repeating the false claim that Alaska’s Constitution requires the Legislature to increase school funding. That’s simply not true. That narrative is built on misinterpretation and judicial activism, not on the plain text of the Constitution.

Article VII, Section 1 of the Alaska Constitution states that “The legislature shall by general law establish and maintain a system of public schools open to all children of the State.” It requires the creation and maintenance of a public school system. It does not require a specific funding level, nor does it mandate automatic increases. The talking point about mandated funding comes from a court decision, not from the Constitution itself.

In Moore v. State, a 2011 ruling by Judge Sharon Gleason, the court said the state must provide a “meaningful educational opportunity.” That decision outlined four components: rational standards, effective assessments, adequate funding, and oversight. But here is the key point. The court did not say that funding alone satisfies the constitutional obligation. It said that funding must be paired with strong oversight and accountability. That is the part often left out of the conversation.

Many school districts, especially in rural areas, are falling short. Graduation rates are low. Student performance is declining. And too often, there is no real accountability. Oversight is weak or ignored. When the Legislature pushes for transparency, performance reviews, or student assessments through bills like HB 57 or SB 140, many district administrators, supported by the ACSA and NEA, push back. They want more money but resist any effort to provide transparency, measure results, or improve outcomes.

Alaska already ranks among the highest in the nation for per-student spending. Yet our results do not match the investment. Our student outcomes are among the lowest in the country. That tells us the problem is not just about dollars. It is about how those dollars are being used. Too often, public funds are soaked up by administrative bloat, top-heavy bureaucracies, and programs that do not serve students. Throwing more money into a broken system without demanding results does not help our kids. It just enables more waste.

The Moore ruling did not just give school districts a blank check. It did not give them the unfettered ability to demand more money. It also called for results. It said funding must support a real, measurable opportunity for students to succeed. That means focusing on clear standards, regular assessments, and strong legislative oversight. It means a Legislature that holds districts accountable for the way they spend public money. That is what the court actually said. Yet that is what many of these so-called education advocates choose to ignore.

If we truly want to fulfill our constitutional duty, we need to stop letting school districts off the hook. They must be expected to innovate, operate efficiently, and put students first. The Legislature has a duty to make sure that happens. That duty includes oversight, not just appropriation. It includes accountability, not just appeasement.

This is not about attacking public education. It is about protecting it. It is about restoring faith in a system that is supposed to serve our children, not special interests. It’s about solving the generational knowledge crisis the education-industrial complex is creating. The Constitution gives the Legislature, not the courts, and definitely not the lobbyists or alphabet soup groups, the authority to build and maintain a school system that works. That includes deciding how much funding is appropriate and ensuring that every dollar is used to support student achievement. The Legislature is clearly telling school districts they must increase student outcomes. They must focus on our kids, not just on retaining jobs.

So the next time someone claims the Constitution requires increased school funding, ask them to show you where it says that. They can’t because it is not there. What is there is a call to maintain a public school system. How we do that is our responsibility as lawmakers. And we owe it to Alaska’s students to focus on outcomes, not just budgets.

Republicans want better schools, not just more spending. It is time to stop pretending those two things are the same.

Originally published on Substack: https://kevinjmccabe.substack.com/p/alaskas-constitution-does-not-mandate